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Transcript of Lemmon Valley Park Bid
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8/18/2019 Lemmon Valley Park Bid
1/12
ffi
WASHOE
COUNTY
'Dedicated
To
Excellence in
Public
Seruice"
www.washoecounty.us
Sr.trr Rrponr
BOARD
MEETING
DATE:
April
12,2016
CIWACM
Finance
DA
RiskMgt.
HR
Compfroller
V5
5N-
LY-
N/A
w
DATE:
TO:
FROM:
THROUGH:
STIBJECT:
March 21,2016
Board
of
County Commissioners
Dennis Troy,
Parks
Planner, Planning
and Development
Division,
Community
Services Department,
328-2059,
William
H.
Whitney,
Division
Director,
Planning
and Development
Community
Services
Department, 328-3617,
Recommendation
to
award a
bid
and
approve the Agreement
to the lowest,
responsive,
responsible
bidder
for
the Lemmon
Valley
Park Playground
Rehabilitation
project
[staffrecommends
Building
Solutions,
fnc. in the
amount
of
$124,594.35h
and approval
of
a
[separate
$20,000
project
contingency
fundl.
(Commission
District
5.)
ST]MMARY
The Lemmon
Valley
Park Playground
Rehabilitation Project
will consist
of
playground
surface rehabilitation
to include
the
removal
of existing
surface material,
demo/disposal
and
relocation of existing
playground
features
to
meet
safety
standards;
purchase
and
installation
of
all
project
materials; installation
and
compaction
of
base
material,
concrete,
drains and drain systems;
install RB Rubber
Bounce back interlocking
tiles surfacing
as
specified or approved equivalent
per
the
bid specifications;
inspection
by
a
Certified
Playground Safety Inspector.
Materials
testing
will
be conducted
by a third
party
at the
expense
of
Washoe
County.
Sealed
bids
for
the
North
Valleys Regional
Park Playground
Rehabilitation
project
were
opened on
March 11,2016.
The
list
of bids received
for
the
project
is
as
follows:
Staffhas
verified
in
the
System for
Award Management Exclusions that no bidder is
excluded
from receiving federal
govemment
contracts
as a
result
of
being
deba:red; thus,
none of the
bidders is
prohibited
by NRS 338.017(2)
from
being awarded a
public
works
contract.
LEMMON VALLEY
PARK
PLAYGROUND
REHABILITATION PROJECT
Bidder
Amount
Building
Solutions,
Inc.
$124,594.35
Truckee Meadows
Construction
$
139,886.00
Facilities
Management
Inc.
$157,487.50
Garden Shop
Nursery/Landscaping
Division
Inc.
$t63,269.40
Ensineer's Estimate
$182300.00
Washoe County Contineency Fund
$20,000.00
AGEI\DAITEM
#5.T.{
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Washoe County
Commission
Meeting
of April
12,2016
Page2
of2
The
contingency
fund
is being
requested
as
the
resurfacing
work
is
being
performed
within
an existing
playground
facility
and
a
contingency
fund
may
be
used
to ud&.r.
unknown
factors
and
conditions
that may
be
identified
during the
conskuction
work.
A contingency
fund
allows
the
Project
Coordinator
to
make
quick
responses
to
unforeseen
circumstances
during
construction
which,
if not
addressed
quickly,
may
result
in
project
delays
with
gteater
project
costs.
Any remaining
funds
will
remain
with
the frrnding
source
after
project
close-out.
Washoe
County
Stategic
Objective
supported
by this
item:
Safe,
secure
and
healthy
communities.
BACKGROT]I[D
The
Lemmon
Valley
Park
is located
on Patrician
Drive
near
the intersection
of
West
Patrician
Drive
and
Magnolia
Way
(Commission
District
5
and
park
district
ZAS).
The
l0
acre
park
features
a
community
buitding
covered goup
picnic
shelter,
three
Little
League
fields,
a
tennis
court,
a
basketball
court,
a soccer
field
and
a children's playground
and
large
grassy
area.
This
park
is
also
located
directly
adjacent
to Lemmon
Valley
Elementary
School
and
subsequently
receives
a lot
ofuse
before
and
after
school
hours.
This rehabilitation
project
will include
removal
of
existing
surfacing
material,
demo/disposal
and relocation
of
existing playground
features
to
meet
safety
standards;
purchase
and
installation
of
all
project
materials;
installation
and compaction
of
base
mateial,
concrete,
drains
and
drain
systems;
and
installation
of
interlocking
rubberized
tile
surfacing.
The
new
rubberized
surfacing
material
will
be
compliant
with
tlle
American,s
with
Disabilities
Act
and
afford
the
opponunity
for
persons
of
dt
atitities
to
enjoy
the new
play
structure.
FISCAL
IMPACT
This
project
is
funded
through
a
$207,000
William
N.
Pennington
Foundation
grant
accepted
by the Board
on
8-11-15 (cash
fi:rrrd
4428).
Project PK906043
.62
isavailable
for
this
project.
Pennington
Foundation
grant
proceeds
have
been
received
and
posted
to
internal
order 19064,
Fund
404
Parks
Capital
Fund.
The
improvements
to
the
park
are
not
expected
to
increase
maintenance
costs.
No
Fiscal
Yew
2015-16
budget
adjustments
are
needed.
RECOMMENDATION
It
is recommended
that
the Board
of
County
Commissioners
award
a
bid and
approve
the
Agreement
to the lowest,
responsive,
responsible
bidder
for
the
Lemmon
Valley
park
Playground
Rehabilitation
project
[staffrecommends
Building
Solutions,
Inc.
in the
amount
of
$124,594.351; and
approval
of
a
[separate
$20,000
project
contingency fund].
.
POSSIBLE
MOTION
Should
the Board
agree
with
staffs
recommendation,
a
possible
motion
would
be.
ooMove
to
award
a
bid and
approve
the Agreement
to
the
lowest,
responsive,
responsible
bidder
for
the
Lemmon
Valley Park
Playground
Rehabilitation project
[staffrecommends
Building
Solutions,
Inc.
in the
amount
of
$124,594.351;
and approval
of
a
[separate
$20,000
project
contingency
fund."
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8/18/2019 Lemmon Valley Park Bid
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8/18/2019 Lemmon Valley Park Bid
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AGREEMENT
Lemmon
Valley
Park
Playground
Rehabilitation
Project
THIS
AGREEMENT
(also
herein
referred
to
as
"Contact"),
is
made
and
entered into
ttris_
day of
20_.-._-
by and
between
Washoe
County,
a
political
subdivision
of
the
State
of
Nevada
acting through
the
Washoe
County
Commissioners
hereinafter
called
"OWNER"
and
a
General
Contactor,
Nevada
State License
No.
hereinafter
called
the
"CONTRACTOR"
WITNESSETH:
That
the OWNER
and
the
CONTRACTO&
for
the
consideration
hereinafter
named,
agree
as
follows:
Article
1.
Scope
of Work
The
Contactor
shall
furnish
all of the
materials
and
perform
alt
of the
Work
described
in
the
Specifications
entitled
"Lemmon Valley
Park
Playground Rehabilitation
Project,,
prepared
by
the
Departnent
of Community
Services,
which is
attached hereto
and incorporated
herein
as
one of
the
Contact
Documents
identified
in
Article
7.
Article
2.
Time
of Completion
The
Work
to
be
performed
under
this
Agreement
shall be completed
within FOURTY
FIVE
(45)
calendar
days of the
"Notice
to Proceed".
Should
the
Contactor
fail
or refuse
to complete
the
work
within
that
time,
along
with
any authorized
extensions
of
time,
there shall
be deducted
from
monies
due
him,
not
as a
penalty,
but as
liquidated
damages,
the sum
of Five
Hundred
Dollars
($500.00)
for
each additional
calendar
day
required
to complete
the work.
Article
3.
Progress
Pavments
On or
about
the first
of
each
month,
the
Contactor
shall
make
and certiff
an estimate
ofthe amount
and
fair value
of
the
work
done,
and
may
apply for
partial
payment
therefore.
The
Confiactor
shall
revise
the estimate
as
the Owner
may
direct.
Whenever
the monthly
estimate,
after
approval,
shows
that the
value
of
the
work
completed
dr.ring
the
previous
month
exceeds
one
percent
(l%)
of the
total
contract
Price,
the
Owner
will
process
a
pay
request.
The
Owner
will thereupon
cause
the
amount
therein
to be
paid
to the
Contactor.
Such
certification
of work
performed
will authorize
payment
in
an
amount equal
to the
value
of
the Work
completed
less
any
sums
that may be
retained
bythe Owner.
Pursuant
to NRS
338.515,
Owner
shall retain
5
percent
(5%)
of
such
estimated value
of
the
Work
done
as
part
security for
the fulfillment
of the
Contract
until
fifty
percent
(sOyA
of
the
Work
required
by
the
conffact
has
been
performed.
When fifty
percent
(50%)
of
the
Work
has
been
completed
to the
satisfaction
of
the Owner,
one-half
(112)
of
the
amount retained
by
Owner
witl
be
paid
to Contractor.
Thereafter,
if
in
the opinion
of
the Owner,
satisfactory
progress
is being
made,
Owner
shaJl
retain
up to
two
and
a
half
percent
Q.5%)
from
monthly
progress
payments
as
part
security
for the
fulfillment
of
the Contact
until
the
Work required
by
the
contract has
been
completed.
No
partial payment
shall be
made
when,
in
the
judgment
of the
Owner,
the Work is
not
being
diligently
prosecuted
by
the Confiactor.
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8/18/2019 Lemmon Valley Park Bid
5/12
The amount
of
payments
wittrheld
as
provided
herein
shall
be retained
for
a
period
of ttrirty
(30)
days
from
the date
of
filing
of
the Notice
of
Completion.
Owner shall
pay
to
Contactor
at
the end of
each
quarter
this Agreement
is
in
effec
interest
for
the
quarter
on the
amount
withheld
at
a
rate
to
be
determined
by
Owner in
accordance
with
NRS
338.515.
If
the amount due
the
Confractor
pwsuant
to
this provision
for
any quarter
is
less
than
Five
Hundred
Dollars
($500.00),
the
Owner may
withhold
the
interest
until:
(1)
the end
of a
subsequent
quarter
after
which
the
amount
of
interest
due
is Five
Hundred
Dollars
($500.00)
or
more;
(2)
the
end
of
the fourth
consecutive
quarter
for which
no
interest
has been
paid
to the
Conhactor;
or
(3)
the final
payment
is
due
under the
Agreement,
whichever
occurs first.
Contractor
shall
pay
the Subconhactors progress
payments
and
pay
interest
on
amounts retained
from
said
progress
payments
in
accordance
with the
provisions
of
NRS
338.510 through
NRS
338.535.
In
accordance
with NRS
244.320
and
NRS
354.626,
if,
in
any
subsequent
fiscal
year,
the County
determines
not to appropriate
or
budget funds
for
the
purposes
specified
in
this
Contrac
or the
County determines
that
it
is
required
to
amend
previous
appropriations
or
budgeted amounts
to
eliminate or reduce
fimding the
purposes
in
this
Contac
this
Confiact will
be terminated
without
penalty,
charge, or sanction.
Article
4. Acceptance
and
Final Pavment
As
soon as
practical
following
the
completion
of
the Work,
the
Contactor
shall
make request
by
letter
to the Owner for
a
final
inspection
and
acceptance
of
the
Work,
and if, in Owner's
opinion,
all
provisions
of
the Specifications
and Agreement
have been
satisfied,
Owner will cause
a Notice
of
Completion to be filed
with
the County
Recorder.
At
the
expiration
of
thitty
(30)
calendar
days following
the filing
of the
Notice
of
Completion,
final
payment
shall be made as
follows: After
deducting
all
previous
payments
from
the
total value
of
the
work,
the remaining balance
shall
be
paid,
providing
that no claims, liens
or
outstanding
debts
have
been
filed
against the
work, and
the contract is
not subject
to
arbitation
or litigation
between
parties.
Notrvithstanding
the expiration
of thirty
(30)
calendar
days, the
Contactor,
upon
demand
by the Owner, shall submit
evidence satisfactory
to
the Owner
that all
payrolls,
materials, bills,
and
other indebtedness relating
to the work
performed,
have
been
paid
before
final
payment
is
made.
Article
5. The
Contract
Sum
The
Owner shall
pay
the Contactor,
as
full
compensation
for
fumishing
all
materials
and labor
and
doing
all
the
Work
in
stict
accordance
with
the Specifications
and
to the satisfaction
of the Owner,
the amount
of
One
Hundred
and
Twenty F'our
Thousand,
Five ffundred
and
Ninety Four
Dollars
and Thirty
Five
Cents
($124,594.30.
This sum is
to
be
paid
in
the manner
and under the
conditions hereinbefore specifi
ed.
Article
6. Performance
and Payment
Bonds
The Contractor agrees
that
it
will
before
this
Contact
becomes effective,
fumish the
Owner
a
Faithful
Performance
Bond
and a Labor
and Material
Payment Bond,
fumished
by a company
or
Lemmon
Valley Park
Playground Rehabilitation
Project
Page
2
of5
Revised 12/04/2015
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8/18/2019 Lemmon Valley Park Bid
6/12
companies
acceptable
to the
Owner,
each
in
an amount
equal
to
one hundred percent
(100%)
of the
total Contact
sum.
The Faithfrl
Performance
Bond
shall
be conditioned
that
the
Work
under
the
Contract
shall be
performed
in
accordance
with
the
Specifications
and
terms of
this Agreement
and shall
guarantee
the
Work for aperiod of
one
(l)
year.
Labor
and
Material
Payment
Bond
shall
be
conditioned
to
provide
and
secure
payment
for
all
material,
provisions,
provender
and
supplies,
teams,
trucks
and
other
means
of
tansportation
used
in, or
upon or
about
the Work
and
for
any labor
done thereon.
Article
7.
The
Contract
Documents
The
following
is
an enumeration
of
the
Contact
Documents,
which
are attached
hereto
and
fully
incorporated
by reference
as
part
of the
Contact:
1.
DRAMNGS
2.
NOTICE TO CONTRACTORS
3. INSTRUCTION
TO
BIDDERS
4. BID
FORM
5.
GENERAL
CONTRACTOR
BUSINESS
FIRM
INFORMATION
6. BID BOND
7. PREFERENTIAL
BID
STATUS
8.
LOCAL
PREFERENCE
BIDDING
AFIDAVIT
9,
LIST
OF SUBCONTRCTORS
SUBMITTED
WITH
BID
10.
TWO
HOUR
ONE
PERCENT
LIST
OF RESPONSIBLE
TRADES
I I.
AFFIDAVIT
OF
NON.COLLUSION
1 2.
DEBARMENT
CERTTF'ICATE
13.
AGREEMENT
14.
PERFORMANCE
AND
COMPLETION
BOND
1 5. LABOR
AND MATERIAL
PAYMENT
BOND
16.
GENERAL
PROVISIONS
(STANDARD
SPECIFICATIONS
FOR
PUBLIC
WORKS
CONSTRUCTION,
latest
edition)
by reference.
17.
SPECIAL
PROVISIONS
18. TECHMCAL
SPECIFICATIONS
19. ATTACHMENT
1
- PUBLIC
WORKS
CONSTRUCTION
INSI.]RANCE
SPECIFICATIONS
20. ATTACHMENT
2
_2016
PREVAILING
WAGE
RATES
_
WASHOE
COUNTY
21. ADDENDA (if
necessary)
22.
ANY
VALIDLY
E)(ECUTED
CHANGE
ORDE&
DIRECTTVES
OR
AMENDMENTS
TIERETO
Article
8.
Nondiscrimination:
In
accordance
with
NRS
338.125,
in connection
with
the
performance
of
Work
under
this
Contac
the Contractor
agrees
not
to
discriminate
against
any
employee
or
applicant
for
employment
because
of race,
creed,
color,
national
origrn,
sex,
sexual
orientation,
gender
identity
or
expression,
or
age. This
agreement
not
to
discriminate
includes,
but
is not limited
to,
decisions
with
respect
to the
following:
Employment,
upgrading,
demotion
or
Lemmon
Valley
Park Playground
Rehabilitation
project
Revi.sed
12/04/2015
Page
3
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5
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8/18/2019 Lemmon Valley Park Bid
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tansfer,
recruifinent
or recruitnent
advertising,
layoffor
termination,
rates
of
pay
or
other forms
of
compensation,
and selection
for
taining,
including
apprenticeship.
Any
violation
of such
provision
by the
Conhactor shall
constitute
a material
breach
of
the
Conftact.
Further, Contractor
agrees to
insert
this
nondiscrimination
provision
in
all subcontacts
hereunder,
except subconffacts
for
standard
commercial
supplies
or raw
materials.
Article
9.
Veteranrs
Preference
Contractor
agrees
to
grve
preference
as
provided
in
NRS
338.130.
If
this
provision
is not
complied
with, the Contract
shall be
void,
and
any failure
or refusal
to comply with
this
provision
shall render
the Contact void.
Article
10. Prevailine
Waee
Rates
In
the
event
that the Conftact
sum
is Two
Hundred
Fifty
Thousand
Dollars
or
more, Contactor
agrees that he
shall
pay
the
prevailing
wage rates
in
effect
at the
time
of
the
bid
and
comply
with
NRS
338.
The
Contactor
shall forfeit,
as
a
penalty
to the
Owner, not
less
than
$20
nor more
than
$50
for each calendar
day or
portion
thereof
ttrat each
workman employed:
1)
Is
paid
less than
the designated
rate
for
any
work done
under the contract,
by
the
contactor
or
any subcontactor
under
him.
2) Is not reported
to
the labor
commission
and
the
Owner.
In
addition,
Contactor
shall
keep
accurate records
showing
the name,
occupation
and actual
per
diem wages and benefir
paid
to
each workman
employed
by him in
connection
with
this
project.
The records
shall
be
open to inspection
by the Owner,
its officers
and
agents and at
all
reasonable
hours.
Articlell.
Indemnification/IloldHarmless
Washoe
County has
established
specific
indemnification
and
insurance
requirements
for
agreements/contacts
with
Contractors
to
help
assure
that
reasonable insurance
coverage
is
maintained.
Indemnification
and
hold
harmless
clauses
are intended
to
assure
that
Contactors
accept and are able to
pay
for the loss
liability related
to
their
activities.
Attachment I is included
by
reference.
AII
conditions
and requirements
identified
in this
Attachment
shall be completed
prior
to the commencement
of any
work under
this Agreement.
If
this
provision
is not
complied
with, the
Contract shall
be
void,
and any
failure
or
refusal
to
comply with
this
provision
shall
render the
Contract void.
Article
12.
Termination
In
addition
to
other
provisions
of
this Agreemen
Owner
has
the
right to
terminate the Agreement
without
cause at any
time
upon
giving
Conffactor
seven
(7)
days notice in writing. kr
the event
the
Agreement is
terminated by
Owner
in
accordance with
this
provision,
Owner
agrees to
pay
Contactor for
all
Work satisfactorily
completed and
for
materials installed
prior
to
the
date of
termination.
In
the event that
no
funds
or insufficient
funds are
appropriated
and
budgeted
or
are
othenvise
unavailable
by
any
means
whatsoever
in
any
fiscal
year
for
payments
due under
this Contac
Owner
will
immediately
notify
Conffactor
of such
occlrrence
and this Contract shall terminate
on
Lemmon
Valley Park Playground Rehabilitation
Project
Page 4
of5
Revised 12/04/2015
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the last
day
of the fiscal
year
for
which
appropriations
w€re received,
without
penalty
or expense
to
County
of
any kind
whatsoever,
except
the
portions
of
payments
herein
agreed
on for
wtriih
funds
shall have
been
appropriated
and
budgeted
or are
otherwise
available.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
executed
this
Agreement
the
day
and
year
first
above
written
WASHOE
COI.]NTY
Kitty
K.Jung,
Chair
Washoe
County
Commission
ATTEST:
Nancy
Parent,
Washoe
County
Clerk
CONTRACTOR:
By:
Title:
Date:
STATEOFNEVADA
)
)
SS:
couNTY
oF
WASHOE
)
On this
_
day
of
20_____, personally
appeared
before
me,
a
Notary
Public,
who acknowledged
to me
that
he/she
executed
the
foregoing Agreement.
NOTARY
PUBLIC
Lemmon
Valley
Park
Playground
Rehabilitation
project
Page
5 of5
Revised
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Attachment
I
PUBLIC
WORKS CONSTRUCTION/II\DEMI\UFrcATION
AND
INSI]RANCE
SPECIFICATIONS
INTRODUCTION
COIINTY
has
established specific
indemnification,
insurance,
and
safety requirements
for
public
works
consfruction
contacts to help
assure
that
reasonable
insurance
coverage is
purchased
and safe working
conditions
are
maintained.
Indemnification
and hold
harmless
clauses
are intended
to
assure
that CONTRACTOR
accepts
and is able
to
pay
for
the loss or liability
related to its
activities.
BIDDERS'ATTENTION
IS DIRECTED
TO
TIIE
INSURANCE
REQUIREMENTS
BELOW.
IT IS
HIGIILY
RECOMMENDED
THAT
BIDDERS
CONFER
WITH TIIEIR
RESPECTIVE
INSURANCE
CARRIERS
OR
BROKERS
TO
DETERMINE IN
ADVANCE
OF
BID STJBMISSION
TIIE
AVAILABILITY
OF INSURANCE
CERTIFICATES AND
ENDORSEMENTS
AS
PRESCRIBED
AND
PROVIDED
FIEREIN. IF
TIIERE
ARE
ANY
QTJESTIONS
REGARDING
TI{ESE
INSURANCE
REQT]IREMENTS,
TI
IS
RECOMMENDED
THAT
T}IE
AGENT/BROKER CONTACT
TIIE
COUNTY RISK MANAGER
DTRECTLY
AT
(77s)
325-2071.
rF
ANy
APPARENT
LOW BIDDER FAILS
TO
COMPLY
STRICTLY
WITH
TTIE INSURANCE
REQUIREMENTS,
THAT
BIDDER
MAY
BE
DISQUALIFIED
FROM
AWARD OF
TTM
CONTRACT.
INDEMNIXICATION
AGREEMENT
CONTRACTOR
agrees
to
hold
harmless,
indemniff,
and defend
COUNTY,
its
officers, agents, employees,
and
volunteers from any loss or liability,
financial
or otherwise resulting
from
any claim,
demand sui
action,
or cause
of
action based on
bodily tqiury including
death
or
property
damage, including
damage
to CONTRACTOR'S
property
or injury
to
CONTRACTOR'S
employee,
caused by
any action, either
direct
or
passive,
the
omission, failure
to
act,
or
negligence on the
part
of
CONTRACTO&
its
employees, agents, representatives,
or Subcontactors
arising
out
of
the
performance
of work under this
Agreement
by CONTRACTOR,
or by others
under the
direction or
supervision
of
CONTRACTOR.
CONTRACTOR must either defend
COLTNTY
or,
upon determination
that the work
performed
by CONTRACTOR
was negligent in
any
manner
or
that
CONTRACTOR
failed
to
perform
any duty
set
forth in
this Agreemen pay
COUNTYS costs related to the investigation
and defense of
any claim,
demand, action,
or cause of
action.
If
COUNTYS
personnel
are
involved in
defending
such actions,
CONTRACTOR
shall reimburse
COIINTY
for the
time
spent by such
personnel
at the actual
cost incurred
by COUNTY for
such services.
In determining
the
nature
of
the
claim
against
COUNTY,
the
incident
underlying the claim
shall
determine
the nature
ofthe claim,
notwithstanding
the form
of the
allegations
against
COIINTY.
GEI\ERAL
REQT]IREMENTS
CONTRACTOR shall
purchase
Indusfial
Insurance,
General
Liability
and Automobile Liability Insurance
as
described
below.
The cost
of
such insurance
shall be included in
the
CONTRACTOR'S bid.
INDUSTRIAL
INSI'RANCE
It
is
understood
and agreed that there shall be
no Industrial Insurance
coverage
provided
for
CONTRACTOR
or any
Subconffactor
by COUNTY. CONTRACTOR
agre,es,
as a
precondition
to
the
performance
of
any
work
under this
Agreement
and as a
precondition
to any obligation
of
the
COUNTY to
make any
payment
under this Agreement
to
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2
provide
COLINTY
with
a certificate
issued
by
an
insurer
in
accordance
with
NRS 6168.627
and
with
certificates
of
an
insurer
showing
coverage
pursuant
to
NRS
617.210
for CONTRACTOR
and
all
subcontractors.
If
CONTRACTOR
or
Subcontuactor
is
unlicensed
and is
a sole
proprietor,
coverage
for
the sole
proprietor
must
be
purchased
and evidence
of coverage
must
appear
on the
Certificate
of Insurance.
Such
requirement
may be waived
for
a sole
proprietor
who
does
not
use
the
services
ofany
employees, subconfiactors,
or
independent
contactors
and
completes
an Affrmation
of Compliance pursuantto
NRS
6l6B.6Z7e).
It
is
further understood
and
agreed
by and
between
COLINTY
and
CONTRACTOR
that
CONTRACTOR
shall
procure,
pay
for,
and
maintain
the above
mentioned
industrial
insurance
coverage
at
CONTRACTOR'S
sole cost
and
expense.
Should
CONTRACTOR
be
self-funded
for
Industial
Insurance,
CONTRACTOR
shall so
notify
COuNTy
in
writing
prior
to
the signing
of this
Agreement.
COLINTY
reseryes
the
right
to
approve
said
rete,lrtions,
and may
request
additional
documentation,
financial or
othenuise,
for
review
prior
to
the signing
of
this
Agreement.
MII\IMI'M
LINIITS
OF
INSI]RANCE
CONTRACTOR
shall maintain
limits
no
less
than:
1.
General
Liability:
$1.000.000
combined
single
limit
per
occwrence
for
bodily
rnjury,
personal
lqiury
and
property
damage.
If
Commercial
General Liability
Insurance
or
other form
with
a
general
aggregate
limit
is
used
the
general
aggregate
limit shall
be increased
to equal
twice
the required
occurrence
lilnit
; revised
to
apply separately
to
each
project
or location.
2.
Automobile
Liability:
$1.000.000
combined
single
limit
per
accident
for bodily
injury
and
property
damage
covering
"Any
Auto".
No aggregate
limits
may
apply.
3. Professional
Errors
and
Omissions
as
required
by Risk
Manager,
$-0-.
DEDUCTIBLES
AI\D
SELF.INSI'RED
RETENTIONS
Any
deductibles
or
self-insured
retentions
must
be
declared
to
and
approved
by
the COUNTY
Risk
Management
Division.
COIINTY
reserves
the right
to
request
additional
documentation,
financial
or otherwise,
prior
to
giving
its
approval
of the deductibles
and
self-insured
retention
and
prior
to executing
the underlying
agreement.
Any
changes
to the
deductibles or self-insured
retentions
made
during the
term'of
this Agreement
or
during
the
term of
any
policy,
must
be approved
by
the CouNry
Risk Manager prior
to
the change
taking
effect.
OTIIER INSTIRANCE
PROYISIONS
The policies
are
to contain, or
be endorsed
to contain, the
following
provisions:
l.
General
Liability
and Automobile
Liability
Coverages
a.
COLINTY,
its
officers,
agents,
employees,
and
volunteers
are
to be included
as insureds
as
respects
damages
and defense
arising
from:
activities
performed
by
or on
behalf
of
CONTRACTOR,
includingthe
insured's
general
supervision
of
CONTRACTO& products
and
completed
operations
of CONTRACTOft
premises
owned,
occupied,
or used
by CONTRACTO$
or automobiles
owned
leased
hired,
or borrowed
by
the
CONTRACTOR.
The coverage
shall
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3
contain
no special
limitations
on the scope
of
protection
afforded to
the additional insureds
nor
shall
the rights
of
the
additional
insureds be
affected by
the insured's
duties after
an accident or
loss.
b.
CONTRACTOR'S
insurance
coverage
shall
be
primary
insurance
as respects
COUNTY,
its
officers,
agents, employees,
and volunteers.
Any insurance
or sellinsurance
maintained
by
COUNTY,
its officers,
employees,
or
volunteers
shall be excess
of CONTRACTOR'S
insurance
and
shall not
contibute with
it in
any way.
c.
Any
failure
to
comply
with
reporting
provisions
of the
policies
shall not affect
coverage
provided
to
COLINTY, its
officers,
agents, employees,
or
volunteers.
d.
CONTRACTOR'S
insurance
shall apply
separately
to each insured
against whom
claim is
made or suit
is broughg
except
with
respect
to the
limits
of the insurer's liability.
2.
All Coverages
Each insurance
policy
required
by this clause
shall be endorsed
to
state
that
coverage
shall not be suspended,
voided,
canceled
or
non-renewed by
either CONTRACTOR
or by
the
insurer,
reduced
in
coverage
or in
limits
except after
thirty
(30)
days'
prior
wriften
notice
by certified
mail, return receipt
requested, has
been
glen
to COUNTY except
for
nonpayment
of
premium.
ACCEPTABILITY
OF INSI'RERS
Insurance is to be
placed
with
insurers with
a
Besfs rating of no
less than
A-:
Vtr.
COUNTY, with
the approval
of
the Risk Manager, may acceptcoverage
with carriers having lower
Best's ratings
upon review of
financial information
conceming CONTRACTOR and insurance
carrier.
COLJNTY
reserves
the
right to
require
that CONTRACTOR'S
insurer be a licensed and admitted insurer in
the State of Nevad4
or on the Insurance
Commissioney's
approved
but
not admitbd
list.
VERIHCATION
OF'
COVERAGE
CONTRACTOR
shall furnish COUlffY
with certificates
of insurance
and with original
endorsements
affecting
coverage
required
by
this
exhibit.
The certificates
and endorsements
for
each insurance
policy
are
to
be signed by
a
person
authorized by that insurer to
bind coverage on its
behalf. All
certificdes
and
endonements
me
to
be
addressed to the soecifrc COWW contracting
department and
be
received
and
aporoved
bv COUNflY
before
work
commences.
COUNTY
reserves
the right
to
require
complete
certified copies of all required insurance
policies
at
any
time.
SUBCONTRACTORS
CONTRACTOR shall include
all
Subconfractors as insureds
under its
policies
or shall furnish separate
certificates
and endorsements
for
each
Subcontractor.
All
coverages
for
Subcontactors shall
be subject
to all
of
the requirements
stated herein.
MISCELLAI\IEOUS CONDITIONS
1.
CONTRACTOR
shall
be
responsible
for
and
remedy
all damage or loss to
any
property,
including
property
of COUNTY,
caused in whole
or in
part
by
CONTRACTOR,
any Subcontactor,
or
anyone employed,
directed, or supervised by
CONTRACTOR.
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4
2.
Nothing
herein
contained
shall
be constued
as
limiting
in any
way
the
extent
to which
CONTRACTOR
may
be held
responsible
for
payment
of
damages
to
persons
or
property
resulting
from
is
operations
or
the
opemtions
of
any Subconfractors
under
it.
3.
In addition
to
any
other remedies
COUNTY
may
have
if CONTRACTOR
fails
to
provide
or maintain
any
insurance policies
or
policy
endorsements
to the
extent
and
within
the
time
herein
required,
COUNTy
may,
at
its
sole
option:
a.
Order
CONTRACTOR
to
stop work
under
this
Agreement
and/or
withhold
any
payments
which
become
due CONTRACTOR
here
under
until
CONTRACTOR
demonshates
tompliance
with
the
requirements
hereof;
or,
(
c.
Terminate
the
Agreement.
SAFETY
PROGRAM
CONTRACTOR
shall
be
responsible
for
initiating,
maintaining,
and
supervising
all
safety
precautions
and
programs
in
connection
with
the
work.
CONTRACTOR
shall
takg
all
necessary precautions
for the
safety
of, and
shall
provide
all
necessary protection
to
prevent
damage,
rnjury,
or
loss
to:
1.
All employees
on
the
work
site
and
all
other
persons
who
may
be
affected
thereby.
2.
All
the worlg
materials,
and
equipment
to
be incorporated
therein,
whether
in
storage
on or
offthe
site.
3.
Other
property
at_the
site
or
adjacent
thereto,
including
trees,
shrubs,
lawns,
walks,
pavements,
roadways,
structures,
and
utilities
not
designated
for
removal,
relocation,
or replacement
in
the course
of consfuction.
CONTRACToR
shall.
comply
with
all
applicable
laws,
ordinances,
rules, regulations, and others
of
any public
authority
having
jurisdiction
for
the safety
of
persons
or
property
or
to
protect
thim
from
damage,
injury,
or ioss.
He
shall
erect
and maintain,.as
required
by existing
conditioni
ard
progrirs
on the
worlg
all
";;*"y
safeguards
for
safety
and
protection,
including
posting
{*g..
signs,
other-
*a.ningr
against
hazards, promutffig
safety
regulations,
and notiffing
owners
and
users
of
adjacent
utilities.
CONTRATTOR
shall
comply
*itf,
OSHe,SHu-rd
Communication
Standards.
CONTRACTOR
shall
designate
a
responsible
member
of its
organizatron
at the
site
whose
duty
shall
be
the
prevention
of accidents.
This
person
shall
be
CONTRACTOR'S
superintendent
unless
otherwise-
designated
in
witing
by CONTRACTOR
to the
Owner
and
the
Engineer.